Counterclaim for defamation.

[ploddertom]

Collectively shows what an a**sehole he is. If he has the legal representation he claims none of these emails should be sent to you. He is bluffing.

 

PT

[Mountain]

Yep. Today's wasn't pay me £570 anymore, it was 'how much will you offer?'

Er...sweet FA mate:lol:

 

I'm just not going to respond.

 

He thinks I'm intimidated and will give in. However I hope he keeps 'em coming as they're all going to the judge.

[ploddertom]

Glad to hear you are up for this now. Nil desperandum and all that.

 

PT

[Mountain]

Yep, I'm full of fight now. I want to nail the barsteward:mad2:

 

The counterclaim just came at the worst time when we found out we had to move.

 

His attempts to intimidate are now just making me more determined.

 

Let's just hope the court don't lose any more of my forms and letters.

 

The woman at trading standards was 'looking forward to this one'

[ploddertom]

Just a quick point. I've noted others have mentioned Trading Standards etc because he is a Trader and not a private individual. Have you also thought about HMRC & the VAT man, both of these can be very mean and descend like a ton of bricks.

 

PT

[Mountain]

Oh yes........but he started it....I only asked for the cost of the first garage repair, I tried to be fair. He decided to fight dirty.

 

The HMRC are now aware that this guy sells a lot of vehicles 'privately' especially as he is a trader. I suspect they may be looking into the fact he doesn't pay any tax on the profits made on all those vehicles. he does have a huge 6 bedroom house in an expensive area. A lot of 'used cars' would be needed to afford that!

 

As for VAT I hadn't thought of that. Are they a separate department. Google time then!

Edited September 28, 2010 by Mountain

[ploddertom]

 

PT

[Mountain]

Is that for the huge house or me getting in touch with my evil side?

 

I'm always getting told I'm too nice for my own good.....time to fight back:-x

[ploddertom]

A walk on the dark side works wonders.

 

PT

[CarhleJon]

I gotta say I love your tale. Sorry for saying so, but I really feel you should stick it to him and can't wait to hear about it when you do !!!

[Mountain]

LOL, I do see the funny side....hope the judge does.

I haven't had my daily demand for cash via email yet though.

-

You certainly 'couldn't make it up' as they say.

Buy a dodgy vehicle from a dodgy bloke that obviously makes a huge amount of money from selling er....dodgy vehicles, then he tries to sue me for stating that.....he sells dodgy vehicles:!:

 

I'm still awaiting a reply from Rogue Traders though:wink:

[loanbuster]

Oh yes........but he started it....I only asked for the cost of the first garage repair, I tried to be fair. He decided to fight dirty.

 

The HMRC are now aware that this guy sells a lot of vehicles 'privately' especially as he is a trader. I suspect they may be looking into the fact he doesn't pay any tax on the profits made on all those vehicles. he does have a huge 6 bedroom house in an expensive area. A lot of 'used cars' would be needed to afford that!

 

As for VAT I hadn't thought of that. Are they a separate department. Google time then!

 

Hi 8)

 

Been following your posts on this Piers Morgan. If hes a secondhand car dealer it dosent take long to produce an annual turnover of around 60k which I believe is near the new threshold registration figure. Havent looked it up since the last budget but lets say 60k for the purpose of this post. All SH car dealers are required to keep a stock book with details of the transaction, how much they bought it for and how much they sold it for, with the VAT due on the profit margin. So if you buy it for 1000.00 and sell it for 2000.00 VAT is due on the profit, viz 1000.00 / 6.714 is 148.94, so his profit would be 851.06. The VAT is inclusive in the PM and not on the profit.

 

So if this fella is selling and average of 2 cars a week for say 600.00 each he will be turning over in excess of the VAT Registration threshold figure, and not to register is a Civil VAT offence, whereas severe penalties can be imposed. There is also the fact of Income Tax liability. If he is living in a big fancy "Look at me Im Del Boy House", then that money has had to come from somewhere, so to get a mortgage on it he would have had to declare figures or maybe an old type self certification mortgage application. All these things finally add up, so if he gets a spin by HMRC they will ask an awfil lot of questions, and he will possibly face Civil Evasion penalties is he dosent fess up. I happen to know that HMRC are quite under resourced at the moment, so for any ladder climbing VAT Inspector who wants to earn some brownie points, then this would be a nice hit to collect some cash into the coffers of the chancellor. If they really dug into him and he loads of fancy goods and items etc, then we then maybe can go to The Proceeds of Crime Act, whereas, if you cant produce where the money came from, clearly not legit car dealing, then he stands to loose the lot until he can provide proof of lawful acquisition by lawfully obtained funds. If you want to scare the tosser, just take a few examples from the above, and hit him with some carefully placed words. These w******* soon cave in with a bit of pressure. They are basically sad little people with big egos and little brains. Hope my input helps you.

 

see www.hmrc.gov.uk

[DonkeyB]

Don’t get done... get even. Get justice. Dom is a waste of time!

 

Glad you're enjoying it. A bit.

[Mountain]

Cheers Loanbuster:)

 

Basically heard nothing from the guy or the court since putting in my response to the counter. He gave up with the 'pay me' emails.

 

Tried phoning the court a few times but as ever I cannot get through.

[Mountain]

Hi all.

This is still going on. I have a mediation session on Monday and dodgy dealer is now stating that unless I pay him £250 he will cause the mediation to fail & I will have to pay his solicitors costs etc. etc. It will cost me a huge amount of money blah blah. Same old:roll:

 

I have two questions.

Hypothetically, if I fail what are the maximum costs that can be awarded against me? I have read that this is £260 but there are conflicting amounts out there!

(I have also found out that I qualify for exemption from the court fees as our family income is below the section 2 exemption threshhold)

 

Also as the guy has already agreed to reduce his counterclaim to £250 can he.....errrrr....re-increase this again to £570?

 

The judge has also ordered that if we do not settle on Monday he will insist that the vehicle has an independent inspection and we must share the cost and he will accept the written report only regarding the state of the vehicle. He of course wont play ball here. Also for me in my financial hole this is unaffordable.

 

The last part of the order states that we should make all efforts to be frank and settle out of court. I am prepared to do this of course, he is being obstructive of course.

 

Anyway, if anyone can tell me the max costs I could end up paying I'd be grateful. I can then tell this guy that he is talking out of his arse, and he may realise his threats have no effect and may settle on Monday.

 

I'd be prepared to cut my loses to see the back of this at the mediation.

[Mountain]

Oh and I have also read ""Win or lose, the costs of using a solicitor are not recoverable" here and other places...

http://www.dba.org.uk/pdfs/503-3%20Small%20Claims.pdf

 

The Government's Justice website also states "No costs can be claimed for legal representation or for the services of a lay representative." too.

 

So I take it this guy is talking out of his arse with regard to solicitors costs and most likely not even consulted one.